After a judge said bluntly “you guys blew it,” three members of the so-called Bird Rock Bandits were sentenced Jan. 22 to three years in state prison for violating terms of their probation that the judge described as “the break of a lifetime” for their roles in the 2007 beating death of professional surfer Emery Kauanui Jr. “What a sad ending to senseless conduct. I promised each of you if you violated probation, I would send you to prison,” said San Diego Superior Court Judge John Einhorn. “I am living up to my side of the sentencing … The overriding concern of mine is that I do consider them still a danger to the community.” Matthew Yanke, 23, Orlando Osuna, 24, and Eric House, 22, all of La Jolla, got prison after the judge revoked terms of their 2008 probation after they pleaded guilty to involuntary man-slaughter. A murder charge was dropped after they reached a plea agreement in 2008, and Seth Cravens, now 24, stood trial alone and was convicted of second-degree murder. Cravens is serving 20 years to life in prison. The Bird Rock Bandits were known as a group who sometimes crashed parties and punched people, mostly with Cravens as the lead attacker. It was Cravens’ lethal punch to Kauanui’s face that caused his death when his skull was fractured after his head hit the pavement in front of his La Jolla home on May 24, 2007. He died four days later in a hospital. “You guys blew it. I’m done being your cheerleader,” Einhorn said. “At the time of sentencing, I clearly told you that you were getting the break of a lifetime. I find it to be significant violations.” All three tested positive for marijuana use in 2009, with Osuna testing positive in nine separate tests. They were barred from associating with each other, drinking alcohol or visiting nightclubs or bars for three years. The judge heard testimony from Kauanui’s girlfriend who said she saw Yanke and Osuna together in a nightclub on Dec. 4. Deputy District Attorney Sophia Roach introduced evidence from the trio’s Facebook pages, including photos that suggested they were drinking alcohol and were fraternizing. House and Yanke were seen together at a chili cook off. Roach said a news photo of Cravens was posted in which they wrote they “wished Cravens well.” Roach urged four-year prison terms. She said the marijuana use was “really a slap in the face” to probation conditions. Roach said the trio had contacted people they were barred from associating with and had traveled outside San Diego County without permission. The prosecutor said House was in possession of a firearm during deer hunting in another state. Felons are barred from contact with firearms. Attorneys for all three men urged that probation be reinstated, and each offered their client to waive all 246 days already served in jail in order to get up to a year in jail with probation. Osuna’s lawyer, Kerry Yianilos, said marijuana stayed in his system for at least two weeks, which affected later tests, and that his actual marijuana use was only half the amount shown in nine tests. Attorneys noted that no new crimes were charged. As to their associating with one another, attorney Earll Pott, who represents House, said it was “the inability to close the door on friendships formed since childhood.” “I’m worried about going to prison. I’m flat out scared,” Yanke told the judge. He said he smoked marijuana after running out of costly medication to treat a psychiatric illness. “I should have been following my probation conditions,” Osuna said. “I am sorry for the anguish I caused. I am not a threat to my community.” House didn’t say anything Friday, but he told probation officials he smoked marijuana because of the stress of the civil lawsuit that is pending against them all. While on probation, House worked as a solar energy salesman. Osuna enrolled in college, and Yanke did complete an anger-management course after working for his grandfather in an apartment complex. Kauanui’s mother attended the Friday hearing, but did not say anything in court or to reporters afterward. The three were each fined $200, and Einhorn said he would retain jurisdiction of any restitution to Kauanui’s family for medical bills.
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